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HomeMy WebLinkAbout2617 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 2617 FIRE PROTECTION DISTRICT #15 Medical Response - Mutual Aid Fire LEG 12-1 10/01/1985 06/15/2010 Review date for tracking only MUTUAL AID AGREEMENT THIS AGREEMENT is entered into this c~ day of ~¢+~._ , 1985, by and between the CITY OF BREMERTON, a municipal corporation, hereinafter referred to as "City," and KITSAP COUNTY FI~E DISTRICT 915, hereinafter referred to as "District 915," for the purpose of securing to each the benefits of mutual assistance in the preservation of human life through advanced life support. WHEREAS, it is necessary and proper that a mutual aid agreement be entered into by the undersigned for the mutual protection of life through the provision of advanced life support; NOW, THEREFORE, the parties hereby agrees as follows: SECTION 1: Reciprocal Services Upon the request o~ a representative of either of the undersigned's fire department/district to a representative of the other undersigned's fire department/district the fire department/district receiving such request shall promptly, and subject to the conditions set forth in Section 2, dispatch medical equipment and personnel to any point outside of their regular jurisdiction within the agreed area set forth and expressly made a part of this Agreement contained in Exhibit "A." SECTION 2: Conditions of Dispatch - Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: A. Any request for medical aid under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested and shall specify the location to which the equipment and personnel are to be dispatched. B. The duty chief or his representative in charge of the undersigned's fire department/district shall have the right to deny the request for advanced life support services in the event that his or her fire department/district is already committed to emergencies within their own jurisdiction. 1 C. The responding organization shall report to the location to which the equipment and personnel are dispatched and shall be in command of the emergency until the arrival of the medical unit or a representative of the fire department/district requesting aid. D. Once committed, a responding fire department/ district shall be released by the requesting fire department/district when the services of the responding fire department/district are no longer required as determined by the requesting fire department/district. SECTION 3: Reimbursement - Except as provided in Section 5 below, no party to this Agreement shall be reimbursed by any other party to this Agreement for any cost incurred in the performance of this Agreement unless otherwise agreed upon in writing. SECTION 4: Personnel and Equipment - Minimum requirements of personnel and equipment to be maintained by any party to this Agreement shall be determined by the board of commissioners of the respective fire department/district. SECTION 5: Hold Harmless - Each of the parties shall, at all times, be solely responsible for the active wrongful or negligent acts or failure to act of its personnel or officials that occur or arise in any way out of the performance of this Agreement. The parties agree to pay, hold harmless and indemnify each other for all costs, expenses, losses and damages including costs of defense incurred as a result of any negligent or wrongful acts or omissions of the parties' personnel and officials relating to the performance of this Agreement. In the event of litigation by one party seeking the benefits of this section from the other party, the losing party agrees to pay all costs and attorney fees. SECTION 6: Agency - This Agreement does not constitute District #15 the agent or legal representative of the City for any purpose whatsoever. District #15 is not granted any express or implied right or authority to assume or create any obligation 2 or responsibility on behalf of or in the name of the City, or bind the City in any manner. SECTION 7: Waiver of Breach - No waiver o~ full performance by either party shall be construed or operate as a waiver of any subsequent default or breach of any of the terms, covenants, or conditions of this Agreement. SECTION 8: Equal Employment - The parties agree that they shall comply with all federal, state and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin or physical or mental handicap unless based upon a bonafide occupational qualification. SECTION 9: Termination This Agreement may be terminated at any time by giving at least ten (10) days' written notice to the other party. SECTION 10: Integration Clause This Agreement embodies the agreement, terms and conditions between the City and District #15. No agreements or conversations with any officer, agent or employee of the City or District 915 prior to the execution of this Agreement shall affect or modify any of the terms contained in this Agreement. Deviation of any sort from the Agreement's terms must be authorized, formally, in writing. No other authority for deviation from this Agreement will be recognized as proper or official. SECTION 11: Prior Agreements Rescinded - At the time this Agreement becomes effective, all prior agreements for mutual advanced life support aid between the City and District ~15 shall terminate. SECTION 12: Notice - All notices and other deliverable material shall be delivered or mailed to the following: CITY OF BREMERTON DISTRICT 915 239 Fourth Street Bremerton, Washington 98310 IN WITNESS WHEREOF the City and District #15 have executed this Agreement as of the date first above written. CITY OF BREMERTON MORR~E DAWKINS,VMayor HLEEN L. McCLUSKEY, Clerk KITSAP COUNTY FIRE DISTRICT #15 BY: · STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) ON THIS ~ day of ~[-~_~ , 19~, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared before me MORRIE DAWKINS and KATHLEEN L. McCLUSKEY, Mayor and Clerk, respectively, of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS MY HAN~i seal the day and year first above written.~ / · ss COUNTY OF KITSAP ) ON THIS C~ day of O~%~_ , 19~ before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared before me {~,~.~_ ~l~.~ , to me known to be the , of KITSAP COUNTY FIRE DISTRICT #15, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS MY HAND and official seal the day and year first above written. NOTARY PU3~j~C in and for the State~f/W~shingt/gn, ~esiding at MUTUAL AID FIRE FIGHTING AGREEMENT BE~'~EEN THE CITY OF BREMERTON AND KITSAP COUNTY FIRE PROTECTION DISTRICT NO. THIS AGREEMENT, ~de and extered into this ~-~ day of ~~ , 19~ , by and be~ee~ the City of Brem~rton, W~ngton, and the Co~,$~sslonera of K~ap Cou~y Fx~e Prote~t~n Dia triet No. I_5 _ D~HEREAS, each of the F~s hereto mo/nt~ equlpmer~_ and personnel for the suppression of fi~e~ wit~x~ its own ju~d~n ~nd ~, and WHEREAS, t~e pa~e~ hereto de~e to augment the fire teeth ava~ble ~ i~eir va~ous est~b~l~ent~, d~t~t~, and mua~e/p~ea in the eve~ of s¢v~ f~, ~e f~ or WHERe, ~e ~n~ or ~ of the ~ h~o ~ (~ER~, ~ ~ ~e pokey of the C~y of ~n ~nd ~- ~ and/or f~e ~ ~ of the~ goring bo~ ~ such agre~e~ wh~ev~ ~bl~, a~ WH~, ~ ~ m~ de~ so~d, d~ble, ~cable a~ benefi~ for ~e ~ to t~ agre~e~ to ro~d~ ~nee to one anoth~ ~ ~eo~ance ~ ~ t~; TH~EFORE BE IT A~EED THAT: I. Wh~eu~ ~ ~ de.ed adv~able by any one of the off~ or requ~t f~e f~g ~s~nce und~ ~e t~ of ~ me~, he ~ ~z~ ~ do ~o, ~ the off~ rec~v~g the requ~t s~ ~ke ~e a~n o~ned A. In the eve~ of a f~e or f~ in the City of ~n Mayor, ~e F~e C~ef, ~e ~ F~e C~f or F~e C~ef, or any m~ of the C~ Co~n of B. In the event of a fik~ or f~ in Fi~e Di~tr~ ~o. D~ ~ C~ef or off~ ~ c~ge, ~y requ~t ~s~n~ fro~ ~e Mayor of the C~ of ~, ~n F~e C~ef, ~e ~ F~e C~f or off~ ~e or ~, and the ~e of ~ ~g~y. C. The F~e D~ Off~ re~vlng a requ~t from ~e w~ ap~ a~ p~o~ ~n be most effe~v~y me~ co~g of o~e (~ ~p~ ~ a ~ of t~ee men ~d/or one (~) ~e of sp~ eq~e~. Ad~ eq~ s~ be suppled o~y o~ ~e s~ ~ev~ be left ~o~ adeq~e f~e D. If a req~t for ~s~n~e ~ r~v~ by a C~y of ~- ~ Offi~ from a F~e D~ Off~, ~e C~y offi~ ~ be mo~t effe~v~y ~ed, ~ ~ a~o~zed ~e~ ~h ~e~ eo~g of one (I) p~p~ ~ a ~ of ~ee (3) men a~/or one (I) ~eee of spe~ ~o~ ~pm~ ~n be supped o~y by ord~ Mayor, F~e C~ef, ~s~ F~e C~ef or offie~ in e~ge. The C~ of ~on ~ nev~ be left w~ho~ adeq~e f~e prote~o~, 2. The rend~g of ~ee ~d~ ~ of t~ agre~e~ s~ 3. The le~ng ~ s~ be r~po~le for the d~v~y eq~pme~ ~ ~pow~ ~ ~e ~on spe~fi~ by the need of 4. The ~y ~ for ~ee s~ f~h ~l~t one ~ g~ the le~ ~y ~ ~e scene of ~gene~ or, if s~db9 for any ~ge~y in ~e f~e ~on of ~y ~g for ~s~nee, ~ ~ ~ g~de ~ an~ ~ of to~ or ~ 5. A. Each ~ ~ ~ ~gre~ ~v~ ~ ~ ~e oth~ ~y or ~ for e~pe~on for ~y of the p~fo~e of t~ agre~e~. d~ ~o~ r~b~e~ of ~h~ p~y or ~. ~s~e f~ ~e of the op~, b~ if ~ spe~fle~ eo~, ~ ~ ~t, by ~~ co~, be r~eved of r~po~i~ for ~e ov~ op~on. Prov~ed, e~po~l~ of ~e ~e~r offle~ of ~e f~e de~ d~ 7. Af£eA a~si~tane~ had been rend~ed under tile t~m~ of ~p~c~ ~ of ~e~ ~ tile ~g~f~ owns, 8. ~ ~p~e~, fa~, ~ ~npow~ so ~aned s~ be r~ned 9. If de,ed nec~s~y by ~e tee~ fi~ of the f~e de~e~ ~volved, they ~y ~ft d~.ed p~ and p~eed~ of ~ aeeo~ee ~ ~ agre~. Such p~ and proeed~ become effe~ve upon ~f~on b~ ~ig~ory ~. I0. T~ agr~ s~ become effe~ve upon tile ~e fi~eof agre~ of ~e p~ h~ or by ~en no~ee ~ ~e o~ ~, giv~g t~ (30) day~ no~ee of ~ne~on. I~ ~ITNE~ WH~EOF, ~e ~ ~o ~ve exec~ed ~ agree- me~ ~ ~on, W~g~n, on ~e ~ and y~ f~t above ~e~. CITY OF ~EM~TON ~ GLENN K. JARSTAD; ~ayor ATTEST: ~A~H£EEN MANDIO, City Clerk KITSAP COUNTY FIRE PROTECTION DISTRICT N~MBER 1 5 , FZre Co~r~ion~r